Gujarat Themis Biosyn Ltd vs. Kishor Kantibhai Tandel
Court:High Court of Gujarat (Legacy Code)
Judge:Hon'ble Honourable Mrs. Justice M. K. Thakker
Case Status:Unknown Status
Order Date:11 Mar 2025
CNR:GJHC240154652025
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Order Issued After Hearing
Purpose:
3600-Fresh Matters
Before:
Hon'ble Honourable Mrs. Justice M. K. Thakker
Listed On:
11 Mar 2025
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Order Text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3139 of 2025
========================================================== GUJARAT THEMIS BIOSYN LTD Versus KISHOR KANTIBHAI TANDEL & ORS.
========================================================== Appearance: MR. RISHIN R PATEL(7222) for the Petitioner(s) No. 1 ==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 11/03/2025 ORAL ORDER
- Learned advocate Mr. Patel submits that learned Controlling Authority has committed error in considering the tenure of service i.e. 32 years, as the respondent was engaged in the year 1992 and was terminated in the year 1997. Respondent – workman had challenged the order passed by the petitioner – Authority terminating the service in the year 1997. Learned Reference Court has awarded the lump-sum compensation in the year 2023 in lieu of the reinstatement and all other consequential benefits. Learned advocate Mr. Patel submits that as there was no order passed regarding continuity of service or reinstating the respondent, learned Controlling Authority has committed an error in awarding the amount of gratuity considering 32 years of
service.
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In view of above, let the notice be issued making it returnable on 21.04.2025.
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Learned Controlling Authority shall recalculate the amount towards the gratuity for the period of 5 years and the same shall be paid to the respondent - employee and the remaining amount as deposited by the petitioner shall be invested in the fixed deposit till the further orders.
Vikramsinh Amarsinh
(M. K. THAKKER,J)
| Original copy of this order has been signed by the Hon'ble Judge.<br>Digitally signed by: VIKBAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 12/03/2025 18:02:36 | ||
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| Digital Using by: VIKBAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 12/03/2025 18:02:36 | Original copy of this order has been signed by the Hon'ble Ju | Idae |
| Uditally signed by: VIKBAW SINGH(HCWUU55), English Steno Grade II, at High Court of Gularat on 12/03/2025 18:02:36 | Disitally city of the VIKDANA ONION VIKDANA ON ONE COMPANY | Augo |
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